Why is animal testing still happening in cosmetics?

On January 1, a new law in the state of New York came into effect that finally banned cosmetic products from being tested on animals. Signed by the New York Governor, Kathy Hochul, the New York Cruelty Free Cosmetics Act means that beauty cosmetics can no longer be manufactured or sold within the state if animal testing has been involved. 

Animal lovers rejoice! This ruling means that many animal advocates can breathe a sigh of relief about this small, yet momentous policy. It means that thousands of animals, such as rabbits and guinea pigs, will be spared the suffering of cruel cosmetic testing within the state. And, makeup lovers in New York can feel confident that the products they’re purchasing and the brands they’re supporting are being kind to animals and the wider planet as a result. Win, win, WIN. 

But wait. Hold that fairytale thought for just a moment. While the New York bill is great, it leaves a lot of questions. How is such a ban going to be policed? Are cosmetics producers just going to move to another U.S. state? And what does this mean for products that are already on New York shelves that may have been previously linked to animal testing? 

The more I read about the current state of animal testing within the United States, particularly related to cosmetics, the more outraged I became. It’s 2023 and only ten U.S. states have some sort of ban against animal testing in cosmetics. Time to investigate this further. 


The controversy of cosmetic testing on animals in the U.S. 

Animal testing for cosmetic purposes is restricted in 42 countries already - including the European Union, India, Israel, Norway, Iceland, Switzerland, Mexico, Australia, Colombia, Guatemala, New Zealand, South Korea, Taiwan, Turkey and many parts of Brazil. Unfortunately, the United States has been notoriously slow when it comes to adopting animal rights protections linked to cosmetic products. 

As a result, cosmetic producers within many parts of the U.S. can still test their new products on animals to ensure that they’re safe for human use. 

New York is just one of ten U.S. states that have introduced restrictions against cosmetic testing on animals. It follows Virginia, California, Louisiana, New Jersey, Maine, Hawaii, Nevada, Illinois and Maryland which previously introduced limits. This means that cosmetic products produced within the remaining 40 states (including Florida which is the U.S.’s second-largest producer of cosmetics) can still carry out animal testing as part of product production. This has got to stop


The future of cosmetic testing

Although cosmetic testing protections for animals are scant in the United States, there is widespread support to end such practices across the country. Way back in 2018, one campaign gained 8.3 million signatures in efforts to stop animal testing in cosmetics once and for all. In 2021, another study found that over 90% of consumers backed a ban on animal testing in cosmetics. At this point, it’s important to remember that consumers are in a powerful position to encourage much-needed change within this field. 

As well as a major desire for change, there’s also the opportunity to make that happen. That’s because scientists have developed multiple ways to test cosmetics without the need for animals. In Vitro testing is one such method. This uses cells grown on chips to mimic human responses and can be a simple way to identify toxicity in products. A study published by the National Library of Medicine (back in 2008 people!) concluded that a 3-D skin equivalent was a suitable alternative to animal testing. 

Then comes computer modelling and the recent emergence of artificial intelligence (AI). Earlier this year several smart products emerged that claim to learn whether a product is toxic --- again, reducing the need for animal testing. Yes, you read that right, computers can be used instead of fluffy animals. 

It seems that the general consensus within the science, tech and animal rights industries is that alternatives to animal testing already exist in large numbers. Brian Shapiro, the New York state director for the Humane Society of the United States summed it up perfectly:

“With the increasing availability of non-animal test methods and thousands of existing ingredients, there is no excuse to continue harming animals for the sake of products such as shampoo, aftershave or mascara.” He later added: “Now it is up to Congress to pass the Humane Cosmetics Act to bring about a consistent standard for ending cosmetics animal testing across the country.”


Is 2023 finally the year for animal rights? 

Have we finally reached a point where the end of animal testing in cosmetics is in sight? Well, this is still a very complex battleground. Bans on animal testing within cosmetics are certainly gathering pace around the United States. New York’s recent policy changes will put greater pressure on other states to do the same. What’s more, proposals such as the nationwide Humane Cosmetics Act and an overhaul of the FDA’s cosmetics framework suggest that Congress is on the path to phasing out animal testing. However, no clearly defined ban has been enacted just yet. 

January 2023 wasn’t just a momentous moment for New York. Across the country in California, another major policy came into play on the same date that banned the production and sale of fur products. 
While animal rights are increasingly being placed front and center, it’s going to be an uphill battle. Without federal regulation, there’s little incentive for cosmetics producers to change their animal testing habits either. And, we’ve not even mentioned poor animal regulations in other countries. 

This incentive, however, is where you come in.

Simple changes such as familiarizing yourself with logos that identify cruelty-free products are the best place to start (eg. look for the cruelty-free bunny). Educating yourself about brands that value animal-free testing during production can empower more conscious cosmetic purchases. Cosmetic producers may be more inclined to listen if the purchasing habits of their customers sway toward products not tested on animals. Elsewhere, contacting your local representatives and asking for them to support the Humane Cosmetics Act is where your action can turn political. 

All of this gives me hope that we can put a stop to inhumane animal cosmetic testing once and for all. 


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